The Lagos State Attorney-General and Commissioner for Justice, Lawal Pedro, SAN, the Chief Coroner of Lagos State and the presiding Coroner for the Lagos Coroner’s District Court have filed a preliminary objection challenging the competence of a suit seeking to stop the ongoing coroner’s inquest into the death of Master Nkanu Adichie-Esege, son of renowned author Chimamanda Adichie and Dr. Ivara Esege.
![](https://thenigerialawyer.com/wp-content/uploads/2026/06/ELLAN.png")
![](https://thenigerialawyer.com/wp-content/uploads/2026/05/2026-Summer-IDRI-Masterclass.jpg")
The objection, dated June 5, 2026, was filed in response to a judicial review application brought by Eurapharma Care Services Nigeria Limited, operators of the Victoria Island hospital where the child reportedly died on January 7, 2026.
The hospital had earlier secured an interim order from the Lagos State High Court sitting in Osborne, Ikoyi, presided over by Justice A.O. Opesanwo, staying proceedings in the coroner’s inquest pending the determination of its substantive application.
In the suit, Eurapharma Care Services is seeking orders of certiorari and prohibition to quash the decisions of the Coroner’s Court and restrain further proceedings in the inquest.
However, the Coroner, the Chief Coroner and the Lagos Attorney-General argued in their preliminary objection that the judicial review proceedings are incompetent, premature and amount to an abuse of court process.
In their joint written address, the respondents contended that the hospital failed to establish any basis for invoking the supervisory jurisdiction of the High Court through judicial review.
They argued that under Nigerian law, certiorari is only available where an inferior tribunal or public authority acts without jurisdiction or exceeds the jurisdiction conferred on it by law.
Relying on the Coroners System Law of Lagos State, the respondents submitted that the Coroner has exclusive statutory authority to conduct inquests into suspicious deaths occurring within the relevant district.
They maintained that the decision to proceed with an inquest into the death of Master Nkanu Adichie-Esege falls squarely within the powers granted to the Coroner by law.
The respondents also argued that Section 21 of the Coroners System Law empowers a Coroner to conduct an inquest even where the body of the deceased has been destroyed or cannot be recovered.
They therefore rejected the hospital’s contention that the alleged cremation of the deceased’s remains deprived the Coroner of jurisdiction.
The Attorney-General and the other respondents further submitted that no evidence had yet been formally led before the Coroner regarding the alleged cremation of the body or the absence of an autopsy report.
According to them, those issues had not been canvassed before the Coroner’s Court for determination, making the judicial review proceedings speculative.
“The applicant seeks to invite this Honourable Court into a realm of speculation by asking the Court to intervene in respect of issues upon which the Coroner Court was yet to consider or deliver any ruling,” the respondents argued.
They also challenged the hospital’s complaint over the Coroner’s directive requiring it to call witnesses first during the inquest.
The respondents maintained that no breach of the constitutional right to fair hearing had occurred, noting that the hospital had not alleged that it was denied the opportunity to present evidence or cross-examine witnesses.
Citing Supreme Court authorities, including Gyang v Commissioner of Police, Lagos State and Yusuf v State, they argued that fair hearing only requires that parties be given adequate opportunity to present their cases.
They insisted that the hospital’s complaint was not rooted in the principles of natural justice and could not justify the intervention of the High Court.
The respondents urged Justice Opesanwo to dismiss the application in its entirety, describing it as an attempt to circumvent statutory procedures governing investigations into suspicious deaths.
According to them, the suit amounts to an abuse of court process because it seeks to invoke the jurisdiction of the High Court before the Coroner’s Court has concluded its proceedings or made any substantive findings.
“The instant suit was filed to circumvent the laid-down procedure by law regarding death that happened in suspicious circumstances,” the respondents submitted.
The matter has been adjourned till September 8, 2026, for hearing of all preliminary objections.
“Order Your Copy Now” — Basil Momodu, Esq. Unveils Second Edition Of His Book, "Civil Procedure In Nigeria"
According to the learned author, Basil Momodu Esq. "Law review is a continuum. We will continue to track changes in the law to enrich future editions." Recommended Booksellers: Lagos: 08033855230, Abuja: 08035991379, and others.
_______________________________________________________________________
[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials
Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation
______________________________________________________________________ “Bridging Theory And Courtroom Practice” — Hagler Sunny Okorie, Nathaniel Ngozi Ikeocha Unveil ‘Functional’ Tort Law Book For Nigerian Legal System
The book, titled The Law of Torts in Nigeria: A Functional Approach, authored by Professor Hagler Sunny Okorie Ph.D and Ikeocha, Nathaniel Ngozi Esq, offers law students, practitioners, and academics a comprehensive guide to understanding and applying tort law in Nigerian courts. Interested buyers can place orders via the following contact numbers: 08028636615, 08037667945, 08032253813, or +234 902 196 2209.
______________________________________________________________________
“Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence
Interested buyers are encouraged to place their orders and enquiries via:
0704 444 4777, 0704 444 4999, 0818 199 9888
Website: www.alexandernigeria.com
As an added bonus, every purchase comes with a FREE ebook titled: “AI in Legalpedia and Law Pavilion: A Research Guide.”
Ohio Books Ltd praises the publication, stating:
"....this is the only Nigerian book I know of on the topic."
How to Order:
📞 Call, Text, or WhatsApp: 08034917063 | 07055285878
📧 Email: benadigwe1@gmail.com
🌎 Website: www.benadigwe.com
Ebook Version: Access it directly online at https://selar.com/prv626
